| Article | Conception of Institutional Balance in the Context of the Separation of Powers in the European Union: Theoretical Issues |
|---|---|
| Authors | Moskalenko О. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 6 / 2015 |
| Pages | 138 - 147 |
| Annotation | The article is dedicated to the study of the concept of institutional balance – an original political and legal theory associated with the development of the institutional system of the European Union. The article provides comparative legal analysis of the concept of institutional balance and the theory of separation of powers. The major conclusion of the provided analysis is the statement that the above two concepts constitute two different theoretical models. The concept of the institutional balance is not a modified version of the performance of the separation of powers theory. Moreover, it cannot be considered as an adequate alternative of the latter, since these two conceptions have totally different theoretical and methodological bases, as well as different objectives and forms of their realization. Accordingly, there is a need to review the conceptual approaches as for the principles determining the separation of powers in the EU institutional system with the purpose of ensuring a more stable and predictable system which would meet standards, set due to the general theory of state and law. |
| Keywords | the European Union, institutional balance, theory of the separation of powers, institutional system, the EU Council, the European Parliament. |
| References | |
| Electronic version | Download |